Definition

Special nuclear material means plutonium, uranium‐233, or uranium enriched above 0.711 percent by weight in the isotope uranium‐235.

Source material means:

1. Natural or depleted uranium: or thorium, other than special nuclear material; or (2) Ores that contain by weight 0.05 percent or more of uranium, thorium or depleted uranium.

Byproduct material means:

1. Any radioactive material (except special nuclear material) yielded in, or made radioactive by, exposure to the radiation incident to the process of producing or utilizing special nuclear material;
2. The tailings or wastes produced by the extraction or concentration of uranium or thorium from ore (see 10 CFR 20.1003);
3. (i) Any discrete source of radium‐226 that is produced, extracted, or converted after extraction, before, on, or after August 8, 2005, for use for a commercial, medical, or research activity; or(ii) Any material that has been made radioactive by use of a particle accelerator and is produced, extracted, or converted after extraction, before, on, or after August 8, 2005, for use for a commercial, medical, or research activity; and
4. Any discrete source of naturally occurring radioactive material, other than source material, that‐‐(i) The Commission, in consultation with the Administrator of the Environmental Protection Agency, the Secretary of Energy, the Secretary of Homeland Security, and the head of any other appropriate Federal agency, determines would pose a threat similar to the threat posed by a discrete source of radium‐226 to the public health and safety or the common defense and security; and (ii) Before, on, or after August 8, 2005, is extracted or converted after extraction for use in a commercial, medical, or research activity.

Deuterium  means deuterium and any deuterium compound, including heavy water, in which the ratio of deuterium atoms to hydrogen atoms exceeds 1:5000; and deuterium for nuclear end use means deuterium and any deuterium compound, including heavy water, in which the ratio of deuterium atoms to hydrogen atoms exceeds 1:5000, that is intended for use in a nuclear reactor. Export of deuterium and deuterium compounds, including heavy water, for non-nuclear end use is regulated by the Department of Commerce.

Nuclear-grade graphite for nuclear end-use means graphite having a purity level better than (i.e., less than) 5 parts per million boron equivalent, as measured according to ASTM standard C1233-98 and intended for use in a nuclear reactor. (Nuclear grade graphite for non-nuclear end use is regulated by the Department of Commerce.)

Information

Nuclear Materials 

Nuclear fuel cycle (excluding reactors) and materials include the following facilities, equipment, and materials under NRC jurisdiction (per 10 CFR 110.8 and 110.9):

• Plants for the separation of isotopes of uranium (source material or special nuclear material) including gas centrifuge plants, gaseous diffusion plants, aerodynamic enrichment plants, chemical exchange or ion exchange enrichment plants, laser based enrichment plants, plasma separation enrichment plants, electromagnetic enrichment plants, and especially designed or prepared equipment, other than analytical instruments, for the separation of isotopes of uranium.
• Plants for the separation of the isotopes of lithium and especially designed or prepared assemblies and components for these plants.
• Plants for the reprocessing of irradiated nuclear reactor fuel elements and especially designed or prepared assemblies and components for these plants.
• Plants for the fabrication of nuclear reactor fuel elements and especially designed or prepared assemblies and components for these plants.
• Plants for the conversion of uranium and plutonium and especially designed or prepared assemblies and components for these plants.
• Plants for the production, separation, or purification of heavy water, deuterium, and deuterium compounds and especially designed or prepared assemblies and components for these plants.
• Plants for the production of special nuclear material using accelerator-driven subcritical assembly systems capable of continuous operation above 5 MWe thermal.
• Special nuclear material
• Source material
• Byproduct material
• Deuterium
• Nuclear-grade graphite for nuclear end-use.

Resources

• 10 CFR Part 110 § 110.2 Definitions
• 10 CFR Part 110 § 110.8 List of nuclear facilities and equipment under NRC export licensing authority
• 10 CFR Part 110 § 110.9 List of Nuclear Material under NRC export licensing authority

Disclaimer

Final determinations as to export control applicability are made after a full review by the appropriate U.S. Government agency. Use of this Export Compliance Guide does not constitute U.S. Government review, is not DOE/NNSA advice or a determination, and is provided for the user's convenience only.